Complaints and appeals related to election process-necessity for change

Abstract

Republic of Kosovo has declared independence in year 2008. After the act of declaration of independence, a few months later, the constitution of Republic of Kosovo had entered into force and a series of new laws that regulated certain segments of social life in Kosovo. Among others, the law on organizing elections in Kosovo, which among other things, defined the responsible body for organizing elections and referendums but also the body for review of complaints and appeals that are related to all aspects of election organization in Kosovo. The defined body for such matter, Election Panel on Appeals and Complaints, regarding the method of establishment, composition and operation, constitutes a somewhat special case from practices that can be found in different countries but whom have similar specifics with Kosovo. Therefore, since these issues are of immense significance for each democracy and constitute a strong proof of the function of the legal state, especially for Kosovo which is considered a very young democracy, and since elections are generally a very challenging process for the entire society and for bodies responsible for their organization and progress, especially, the role and function of this organ, were frequently a subject of numerous debates very often followed with requests to change and to transfer this responsibility, review and settlement of complaints and appeals that are related to elections, directly to judicial bodies.